How to File a Wage Claim in New York

The New York rule in one table

What makes New York different

Two features set New York apart. First, the window: six years is the longest in this directory, and filing with the Department pauses it — so a Department complaint does not eat into your litigation window the way waiting does elsewhere. Second, the tracks are independent: you can file with the Department, sue in court, or do both in sequence, because a Department investigation is neither a prerequisite to nor a bar against a civil action. Farm workers use a different form, LS710, instead of LS223.

The process, step by step

1. Confirm LS223 is your form. Form LS223, the Labor Standards Complaint Form, submitted to the Division of Labor Standards for unpaid wages, illegal deductions, wage supplements, minimum wage, overtime, no meal period, and similar claims. Farm workers should use form LS710 instead. The form cannot accept claims for work performed outside New York State, from anyone employed in an administrative, executive, or professional capacity who earns over $1,300 gross per week, from individuals employed by a public entity, from individuals in business for themselves, or for work performed on a public work project (use form PW-4).
2. Read LS223.2, then complete LS223. Read the instructions about filing a claim (LS223.2) before filling out the form, and answer all questions for each part related to your claim — complete information helps the Department review your complaint and accept it for investigation.
3. Upload the completed form through the Department of Labor's claim page, or mail it to the Division of Labor Standards, Harriman State Office Campus, Building 12, Room 185B, Albany, NY 12226. Answer Department requests promptly; the Department's process page warns that answering requests prevents delays.
4. Wait for acceptance and investigation. You will be notified by mail if your claim has been accepted and assigned a case number (LS#). From there, an investigator will contact the employer, a compliance conference may be held, and you will receive updates periodically while the case is actively investigated and be notified once the investigation is concluded.
5. Remember the parallel court track. An action to recover upon a liability imposed by Labor Law Article 6 must be commenced within 6 years, and the statute of limitations is tolled from the date you file a complaint with the commissioner or the commissioner commences an investigation, whichever is earlier, until the investigation concludes or an order to comply becomes final. No. Investigation by the commissioner is not a prerequisite to nor a bar against bringing a civil action under Labor Law Section 198.

For the deadline on the pay itself — when a final paycheck is due — see the New York final paycheck deadline guide. Comparing states, the Wage Claim Filing by State directory puts all seven side by side.

Filing a wage claim in another state

Filing a wage claim in another state? See How to File a Wage Claim in Washington and How to File a Wage Claim in Oregon.

Source

Form, filing routes, and process: New York Department of Labor — Labor Standards Complaint Process and Unpaid/Withheld Wages and Wage Supplements. Six-year window and tolling: Labor Law Section 198. Facts verified 2026-10-24.

This page explains how the process works and what the official rules say. It is general information, not legal advice — for a dispute about your specific situation, talk to a lawyer or your state labor or consumer agency.